You may not be sure whether your healthcare provider’s negligence caused or worsened your injury or illness. If you find that they made a medical error and breached their duty of care, you may be entitled to recover damages.
A Newark medical malpractice lawyer at Morelli Law Firm could help you secure the compensation you need to get through these difficult times. You can start working on your case today when you contact our office for a free consultation.
When to Consider Hiring a Medical Malpractice Lawyer at Our Firm
If you or a loved one was injured due to medical malpractice, you may qualify for compensation. A Newark medical malpractice lawyer at our firm can represent you and handle your case from start to finish.
Some of the specific causes of death in a medical malpractice case include:
- Anesthesia mistakes
- Misdiagnosis or failure to diagnose
- Surgical errors
- Failure to treat procedure complications
- Medical equipment malfunctions
Medical malpractice has far-reaching consequences on many aspects of your life. It can render you incapacitated and unable to do the usual tasks you could do before the error. In the worst-case scenario, you can suffer acute paralysis, making you lose the ability to walk.
In such cases, you are vulnerable and at the mercy of the law and the rights and damages. Our team will work hard to help you secure financial settlements, monetary compensation, and other damages accrued in the course of the error. Call for a free case evaluation with a member of the Morelli Law Firm team.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Common Areas of Medical Malpractice
Medical professionals have a duty to uphold a standard level of care for all patients. Failure to uphold the standard results in unnecessary infections and illnesses. The resulting harm to the patient is the foundation of a medical malpractice case. A Newark medical malpractice lawyer on our team can help you preserve your victim rights.
Different states have different standard deadlines within which a victim can file a medical malpractice lawsuit. Depending on the prescription in the statutes of limitations in your state, your attorney can file a lawsuit within the specified period. In Newark, New Jersey, N.J. Rev. Stat. § 2A:14-2 provides a time limitation of two years for malpractice cases.
Make sure you get in touch with our firm sooner rather than later, though. Failure to file in time could result in the state refusing to hear your case. In that event, you will be responsible for covering the costs of your medical treatment and other damages.
Common Claims for Medical Malpractice
Medical malpractice law has various types of claims, including:
- Surgery errors
- Failure to diagnose
- Prescribing errors
- Leaving objects behind
- Birth injuries
- Nursing home neglect
Such errors result in terminal conditions which may incapacitate you. For example, surgery errors cause life-threatening injuries and sometimes death. The mistake may include operating on the wrong part of the body or damaging a major nerve or artery. Improper administration of anesthesia during surgery is also considered medical malpractice. Such a misstep is detrimental to the life of the patient.
If you have suffered injury through the negligent behavior of a medical professional in Newark, New Jersey, please call Morelli Law Firm for a free consultation. Our legal team can discuss the issue with you.
Misdiagnosis or Delayed Diagnosis Is a Common Cause of Medical Malpractice
Malpractice is a form of negligence on the part of the healthcare professional. The most common reason for a medical malpractice lawsuit is misdiagnosis or delayed diagnosis. A misdiagnosis happens when the healthcare provider misdiagnoses the patient. It is dangerous because the patient does not know the true diagnosis. Also, the treatment administered is for the wrong condition.
When a new physician makes the right diagnosis, it is often too late, and that puts your life in jeopardy. Delayed diagnosis is where the healthcare provider realizes the right diagnosis, but when the condition has escalated. This means that the physician disregarded proper medical tests while you were suffering. Using the “but for” test, you would not have suffered the same complications, but for the delay.
Many people do not understand the liability and negligence statutes. Speaking with an advocate who handles these types of cases helps you navigate through the complex procedures of the law. That is why we encourage you to call Morelli Law Firm. We will help you prove your case while you focus on recovery.
Proving Your Medical Malpractice Claim
You are eligible to file for a medical malpractice claim for damages where either you or your loved one has suffered injuries due to the errors of a medical professional. You need specific proof to proceed with a medical malpractice case. A Newark medical malpractice lawyer at our firm can assist you in proving that the negligent act of the other party was the direct cause of your injuries.
Certain conditions need fulfilling for you to have a successful medical malpractice claim. The conditions are doctor and patient relationship, negligent care, injuries sustained, and damages. Your attorney has to establish a relationship between you and the doctor that caused your injuries. The documentation in your medical records should link the negligent health provider to the harm caused.
On negligent care, your attorney has to prove that the doctor failed to uphold the medical standard of care needed. In regard to sustained injuries, you must prove that the injuries you have are the result of the careless actions of your doctor. Your medical records should link all your injuries to the medical providers for you to have a successful claim. You must also show that you sustained damages as a result of medical malpractice.
The Role of Informed Consent in Newark Medical Malpractice Claims
One reason why more medical malpractice claims are not filed is because victims believe their injuries or illness are the cause of side effects or risks associated with their treatment. Before you receive any type of medical treatment or care, your healthcare provider is required to provide you with information regarding the side effects associated with the treatment and any potential risks you may face.
When you have been informed of the risks of the treatment option—whether that be a prescription medication or surgical intervention—and consent to receive the treatment, this is known as informed consent.
Healthcare providers could use informed consent to hide their medical errors. If a medical error, as opposed to the risks associated with your treatment, resulted in your injury or illness, our malpractice lawyer in Newark can help you build your case.
Who Can Be Sued for Medical Malpractice in Newark?
You may be surprised to learn that there are many different parties that could be held accountable for medical malpractice in Newark. Virtually anyone involved in your healthcare or treatment can be named in your claim or lawsuit. Some common parties named and medical malpractice cases in Newark include:
- Internal medicine doctors
You might also have the opportunity to file a claim against the doctor’s office or hospital where you receive care. Your ability to file a claim against the hospital or physician’s office will depend on the healthcare provider’s relationship with the facility. If the healthcare provider in question is employed by the facility, the facility may be held financially accountable for the actions of its staff.
However, healthcare providers can work as independent contractors, which may allow healthcare facilities to escape liability and medical malpractice cases like yours. Your attorney will conduct an in-depth investigation into the cause of your injury or illness to determine which healthcare providers or facilities should be named in your claim.
Types of Damages You Can Recover in a Medical Malpractice Case
The following are some of the damages you sustain in medical malpractice:
- Medical bills incurred from the injuries
- Lost wages as a result of the inability to work or time off for your recovery
- Pain and suffering
- Emotional distress, which is, in legal terms, defined as “suffering in response to an experience caused by the negligence or intentional acts of another” (Legal Information Institute)
Affidavit of Merit in a Medical Malpractice Case
The law in New Jersey requires a medical malpractice claimant to provide an affidavit of merit. The document should state that there is a reasonable likelihood your injury was the result of negligent medical treatment. In such a case, the court requires an expert opinion from a qualified medical expert. The expert should declare under oath that the care, skill, or knowledge exercised or exhibited in your treatment fell below the accepted standards of the medical community.
You must file the affidavit of merit within 60 days from the date the health care professional files a formal response to your complaint. The court can, however, extend the period where there is evidence showing reasonable cause to grant the extension. Failure to submit an affidavit of merit can render your case voidable.
Call Morelli Law Firm Today for Your Free Consultation
When you have suffered further injury or illness due to medical malpractice, contact our office to find out what legal options may be available to you.
Connect with a Newark medical malpractice lawyer at Morelli Law Firm to discuss your case. Our team is always ready to help you. For a free legal consultation today to discuss your case, call Morelli Law Firm today. Because our medical malpractice attorneys work on contingency, there are no charges unless and until we reach a financial outcome.